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Codes Win Court Su {:>Port -ilur friglr VoL II, No. 29 Issu.ed Weekly by the Na tiona! Recovery Administration, Washington January 2, 1935 NRA. · . Suspendsp . W age R estttuttons. Codes Win Court Su_{:>port Mtntm urn rtces of Lumber Average $75,000 in Recent Tests Government Susta.ined tn 77 of 81 Rulings Board Finds Major Divisions of ·Weekly Concerning ~RA and Industrial Codes Industry Unwilling to Cooperate Restitution of back wages to employees, Under Fixed Price Policy arrf\.Ilged through the 54 field offices of the National Recovery Administration, have . Federal courts have sustained the arO'uments of Government attorneys in The National Industrial Recovery Board averaged over $75,000 a week through the 71 of t~e 81 court ru~ings concerning the National Recovery Administration and bas issued an order suspending former Ad­ late fall, according to statistics released by mdustnal Codes dun~ the 8 weeks ended December 25, according to an analysis ministrative orders estal>lishing minimum the Compliance Division. made public by the .N liA Litigation Division. prices in the lumber and timber products in­ The total amount of wage restitution During the period the handling of court cases was greatly expedited and dustries. The order is now effective. through the field ollices alone has been $1,- 468,047.03 since June 16, 1934. During the facilitated by the creation of the new position of special• assistant attorney gen­ This action was taken .in view of the fact eral. Much closer liaison between the NRA. and the Department of Justice has that the board found, after public hearing, 2-weck period ended December 8, such restitu­ it was not practicable either to enforce prices tions amounted to $152,042.01. These figures resulted, and coordination or preparation of cases has been noticeably furthered. do not include restitutions arranged by Code The success obtained in legal actions dur- final conrt action by adjustment and settle- In major divisions of the industry which are • ' < unwilling to operate under fixed prices, or to Authorities or any other agency except the 54 lllg the November 1 to December 25 period ment out of courts, by dismissal, or other- suspend prices in the cases of majvr divisions NRA field ollices. They represent payments increased to 93.3 percent the percentage of wise. Seventy-six permanent injunctions and of the industry while other divisions are held to workers of the, difference between what rulings favorable to the Government in Code thirty-eight restraining orders and tempo­ to the maintenance of prices. · they had actually, received and what they cases. rary injunctions remain in effect, restraining The order in no way affects any provisions should have been paid under the Codes. Since the Litigation Division of the NRA. violations of the various Codes of fair com­ of the Code. Attention is called to the fact Authenticated reports from Code Author­ was created in March, 1934, it bas docketed petition. One hundred and twenty cases are that article VIII of the Code, which pro­ ities and other Government compliance 909 cases and obtained 210 court rulings. now pending in court in which the division vides for the control of production in these agencies, and the estimates of the amount of Only 14 of the adjudications were against the is appearing! for the prosecution, eight of industries, remains in full force and effect. wage restitution through field offices prior to Government's positiorl and one has since been which are on appeal. In 28 cases it is de­ The board also indicated t'hat destructive June 16, 1934, bring the total of wage J:estitu­ o,·erruled on appeal. There have so far been fending suits brought against enforcement tion under NRA. to approximately $3,000.000. 3 rulings by appellate courts, all favorable. agencies. Three additional defending cases price cutting in these industries will not be In no case has an appeal been decided against permitted, by directing the Research and Of the total restitutions reported since the NRA.. For instance, one of the most im- are pending on apf'Jeal and three others that Planning Division to study prices and keep it June 16 of this year by the field offices, portant decisions of the period was the rul- were on appeal were ruled favorably to the advised of instances of destructive price cut­ $61,222.55 was given back on adjusting com­ ing by the United States Circuit Court of Government. One of the latter rulings at­ ting. Where such a condition is foun~ to plaints of violations of the President's Re­ Appeals in Ohio reversing the decision of the firmed, one reversed the lower court ruling exist provision has been made to stay this employment Agreement and the balance, district court for the western district of Ken- and another dismissed the appeal. order in the specific case. $1,406,824.48, on adjustments of complaints tucky In the Hart Coal Co. case. The lower The Litigation Division of the National The board emphasized the fact that the of Code violation. The money has been paid court had granted the company's petition for Recovery Administration reports that be­ order does not establish precedent for action to 62,732 workers by 15,753 employers. an injunction restraining enforcement of the tween November 1 and December 25, deci­ Bituminous Coal Code. The higher court re- sions and actions involving the :!'UtA. con­ on any other Code. During the November 24 to December 8 versed this much publicized decision and re- The text of the order follows : period, the restitution under PRA. was $5,- manded the case for a new trial. tinue to be litigated successfully in State Suspending Administrative Orders Nos. 9-46 007.72, paid by 50 employers to 155 workers, The text of the Litigation Division report and Federal courts by the district attorney, and 9-58, dated July 16 and July 25, 1934, and $147,034.29 under Codes, paid by 1,229 of court actions dming the period from No- members of the Department of Justice, and respectively, and all Administrative orders firms to 4,997 employees. vember 1 to December 25 follows: assistant counsel of the Litigation Division. Forty permanent injunctions were granted supplementary thereto. Litigation Activities from November 1 to WHEREAs, an application has been made by December 25, 1934_ in Massachusetts, Arkansas, Ohio, Illinois, Virginia, Pennsylvania, Oregon, So,uth Caro-­ certain divisions, subdivisions and groups of Since the Litigation Division was created the lUillber and timber products industries, in­ lina, Tennessee, North Carolina, New York, Approve Code for March 26, 1934, nine hundred and nine cases and New Jersey. This is a decided increase cluding the west coast logging and lumber have been docketed. Three hundred and over the number obtained previously in any division, for the suspension of reasonable thirty-nine cases have been closed, either by other given period. Massachusetts leads the costs and rules and regulations for their States in this respect. Twelve permanent application, as heretofore determined and Flat Glass injunctions were granted in this State in­ establlshect pursuant to the provisions of The National Industrial Recovery Board volving violations of the Motor Vehicle Re­ article IX of said Code ; and lias approved a Code of fair competition for Homework Rates tailing Trade, Trucking Industry, Boot and WHEREAS, hearings have been duly held Shoe Industry, Paper Distributing Industry, the fiat glass industry, effective December 31. and Retail Lumber, LUillber Products, etc., thereon and the National Industrial Recov­ The Code sets a basic maximum working Industry Codes. The injunction obtained in ery Board has determined that experience in­ period of 72 hours every 14 days, with varia­ Revised for Puerto the other States named restrain violations dicates that said reasonable costs and rules tions to meet the necessities of the industry's in the Bituminous Coal Industry, Motor Ve­ and regulations for their application should manufacturing processe~ It provides a basic hicle Retailing Trade, Envelope Industry, be suspended in said divisions and subdivi­ minimum hourly wage of 40 cents in the RicanNeedlework Dental Laboratory Industry, Underwear and Allied Products Industry, LUillber and Tim­ sions; and North and 35 cents in the South. ~he National Industrial Recovery Board WHEREAs, the National Industrial Recovery ber Products Industry, Rubber Manufactur­ Eighteen members of the industry em­ has announced conditional approval of reduc­ ing Industry, Retail Food and Grocery Trade, Board has further determined that it is im­ ployed approximately 1:1,000 workers in the tions of some of the piecework rates for Funeral Supply Industry, Retail LUillber, practicable to permit said reasonable costs latter part of 1933. Sales in 1933 totaled homeworkers in the Puerto Rican needlework LUillber Products, etc., Industry, Dress Man­ to be operative in some divisions and sub­ $32,570,000. Sales in the first 6 months of industry, and a conditional exemption of the ufacturing Industry, and Cotton Garment divisions of said industries, and inoperative 1934 were 73.6 percent of sales for all of industry from the Code's basic minimum Industry. · In others and that the provisions of said 1933. Employment increases resulting from wage for home work. The rate revisions ap­ Ten restraining orders and temporary in­ Code and the relationship between the prod­ ply to specified operations in the home manu­ junctions were granted in California, Geor­ the Code's maximUill hours provisions should gia, Louisiana, Ohio, Washington, Illinois, ucts of said industries requires that said restore employment in the industry to its facture of handk;erchiefs, cotton un~ergar­ reasonable costs and rules and regulations ments, art linen, and infants' and children's and Alabama, for violations of the Codes in 1929 level of 16,800 according to the board's the Motor Vehicle Retailing Trade, Ice In­ for their application in such other divisions report to the President.
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